Axl Rose Suffers Setback In Lawsuit Against Activision

The Hollywood Reporter reports that Guns N Roses vocalist Axl Rose was dealt a legal blow this past Tuesday (Jan. 29) when a judge in California tossed a fraud claim brought forth by the singer, while allowing a second claim to move forward.

Rose's lawsuits center around Activision's Guitar Hero III: Legends of Rock. He claims that the video game publisher fraudulently induced him to authorize the use of the group's iconic single 'Welcome To The Jungle' in the 2007 edition of the popular video game. Rose launched the lawsuit against the video game maker more than three years after the game was released.

Why the delay, you wonder?

According to a deposition provided by Rose, "The reason I did not file a lawsuit is because Activision -- through my managers and representatives -- offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to GHIII.From December 2007 through November 2010, Activision was offering me a Guns N' Roses dedicated video game, a game dedicated to music from the 'Chinese Democracy' album, and other proposals."

Los Angeles Superior Court Judge Charles Palmer reportedly indicated that he is inclined to dismiss Rose's $20 million lawsuit against Activision Blizzard for fraudulently inducing him into authorizing 'Welcome to the Jungle' for use in the popular video game.

The judge is however entertaining the possibility of allowing a breach-of-contract claim filed by Rose to proceed. Rose's breach-of-contract claim reportedly stems from the alleged agreement that the company assured him that the game would not feature any reference to former Guns N Roses guitarist Slash, with whom Rose has been feuding for years. The cover of the video game prominently features a cartoon image of Slash front and center; Gibson Les Paul, top hat and all.

A full decision on the lawsuits is expected to be delivered in the next two weeks.